House File 232

                                       HOUSE FILE       
                                       BY  CARROLL


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act creating the crime of invasion of privacy, and providing a
  2    penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1949HH 80
  5 jm/cl/14

PAG LIN

  1  1    Section 1.  NEW SECTION.  709.19A  INVASION OF PRIVACY ==
  1  2 NUDITY.
  1  3    1.  A person who knowingly views, photographs, or films
  1  4 another person, commits invasion of privacy if all of the
  1  5 following apply:
  1  6    a.  The other person does not have knowledge about and does
  1  7 not consent or is unable to consent to being viewed,
  1  8 photographed, or filmed.
  1  9    b.  The other person is in a state of full or partial
  1 10 nudity.
  1 11    c.  The other person has a reasonable expectation of
  1 12 privacy while in a state of full or partial nudity.
  1 13    2.  As used in this section:
  1 14    a.  "Full or partial nudity" means the showing of any part
  1 15 of the human genitals or pubic area or buttocks, or any part
  1 16 of the nipple of the breast of a female, with less than fully
  1 17 opaque covering.
  1 18    b.  "Photographs or films" means the making of any
  1 19 photograph, motion picture film, videotape, or any other
  1 20 recording or transmission of the image of a person.
  1 21    c.  "Views" means looking upon another person, with the
  1 22 unaided eye or with any device designed or intended to improve
  1 23 visual acuity, for the purpose of arousing or gratifying the
  1 24 sexual desire of any person.
  1 25    3.  A person who violates this section commits a serious
  1 26 misdemeanor.
  1 27                           EXPLANATION
  1 28    This bill creates a new criminal offense of invasion of
  1 29 privacy and provides a penalty.
  1 30    The bill provides that a person who knowingly views,
  1 31 photographs, or films another person while the other person is
  1 32 in a state of full or partial nudity, commits invasion of
  1 33 privacy.  However, under the bill, a person does not commit
  1 34 invasion of privacy if the person being viewed, photographed,
  1 35 or filmed is able and has consented to or has knowledge about
  2  1 being viewed, photographed, or filmed, or would not have a
  2  2 reasonable expectation of privacy.
  2  3    The bill defines "full or partial nudity" to mean showing
  2  4 of genitals, pubic area, buttocks, or female nipple.  The bill
  2  5 also defines "view" to mean any looking by a person with or
  2  6 without a device to enhance a person's viewing capability
  2  7 which is for the purpose of satisfying the sexual desire of
  2  8 any person.
  2  9    A person who commits invasion of privacy is guilty of a
  2 10 serious misdemeanor.  A serious misdemeanor is punishable by
  2 11 confinement for no more than one year and a fine of at least
  2 12 $250 but not more than $1,500.
  2 13 LSB 1949HH 80
  2 14 jm/cl/14